Herring Investments Inc

The contractor delivered a substandard product and failed to fulfill promises to repair defects.On 12/10/08 we signed a contract to purchase a modular home from the [redacted] A certificate of occupancy was issued in October 2009. After delivery we notified the builder that there were many issues which needed to be corrected. He agreed that they would be corrected. The builder indicated there were cost overruns that needed to be addressed prior to the items being corrected. The builder sent me a message itemizing the cost overruns on 08/19/10 at $19,532.83. The builder then met with us to discuss the itemized charges. At that meeting I requested a copy of receipts for the materials for which he wanted to charge us. He could not provide any receipts. Mr. [redacted] stated that he had none and left.He has since refused to respond to inquiries.Mr. [redacted] built a detached garage for us prior to the house being built. A separate meter was installed on the garage at his direction. [redacted] Electric charges commercial rates for garage meters. The cost of correcting the problem is prohibitive. [redacted] electric said they hardly have any residential garages with separate meters. Most garage electric service is via a sub-panel off the main panel.The detached garage floor has cracks all over it. His response that "garage floors always crack" is unacceptable. The attached garage here has no cracks. It was done be a different concrete subcontractor.The plumber Mr. [redacted] used put a restrictor valve between the water meter and the house. This reduced our water pressure by 33%. The plumber we had correct the problem said that [redacted] County doesn't require restrictor valves.When we visited the site during the build-out, Mr. [redacted] and I noticed water running down the foundation walls in the attached garage. He claimed "we've had a lot of rain lately" prior to our arrival and said the problem would be corrected during the back-fill. It was determined to be a leak from a water line that was broken during the construction phase (either the house set or after). We had water running under the house for over 2 years. He apparently knew that this was happening because he tried to hide the leak on the foundation wall using plastic sheeting. The only wall that this sheeting is attached to is the area where the foundation leaks. We have laid sod in the front yard and landscaped. The yard had to be landscaped again as a result of attempts to locate the leak.There has been a recurring crack in the hallway outside the master bedroom. Mr. [redacted] has fixed the crack several times and I have repaired the crack two times. The crack continues to widen, indicating a serious foundation issue which may substantially degrade the house structure itself over the coming years.On 10/26/2009 during an inspection visit by us, we noticed a significant crack in the south-facing foundation wall. You indicated that this was expected and that "it probably cracked on one of the steps". That crack has continued to widen. You resurfaced the foundation wall to hide the crack. The crack has reappeared.In October 2009 we discovered that the house main plumbing line cutoff valve; which was placed in the house for the homeowner's convenience, was bypassed [redacted] a cutoff valve was placed in the front yard. This valve was placed roughly 2 feet below grade.We discovered in August 2011 that the smoke and CO2 detectors had not been completely wired. This was a serious safety issue; which we had to correct ourselves.On 11/25/13 I discovered water under the master bathroom shower. Inspection has revealed significant water damage to the house structure as-well-as a black mold problem. Contractors who have inspected the shower have stated that it was incorrectly constructed and will require major repairs.We paid Mr. [redacted] $292,000 for our retirement home. He didn't really deliver a product as much as abandon it.Desired SettlementWe are requesting the following:With regard to the garage electric meter: removal of the garage electric meter and wiring from the main house panel to be paid for by Mr. [redacted]. With regard to the detached garage floor cracks: we feel that there is nothing that can be done to correct this problem. We will have to live it.With regard to the restrictor valve which was installed between the water meter and the house: This was corrected back in 2010 at our expense and we have no receipts. We ask for no remuneration. With regard to the water damage caused by the water main break and the subsequent damage to the landscaping: It appears that the county covered the cost of the landscape repair. However, considering the amount of water and moisture that ran under the house and the vapor barrier, we request that the vapor barrier be removed, the foundation and dirt which is muddy be dried at Mr. [redacted]s expense.With regard to the recurring crack in the hallway to the mast bedroom: we will be obtaining the services of a structural engineer to determine the cause and recommend a solution. The cost of the examination and repair should be paid by Mr. [redacted].With regard to the foundation crack: the cause of the crack and its remediation will be done at the same time the engineer examines the crack in the hallway. The cost of the examination and repair should be paid by Mr. [redacted].With regard to the main house cutoff issue: The main supply line to the house must be routed through the cutoff valve specified in the contracted house plans at Mr. [redacted]'s expense. With regard to the smoke/CO2 detectors: These issues have been corrected and we request reimbursement for 50 feet of #12-2 non-metallic indoor electric cable.With regard to the leaking shower: Reimbursement for the cost of repairing the damage caused by the defective shower, which includes water and mold remediation. Repairs are on-going and the cost has yet to be fully realized.Business Response This is simply just not what happened I have proof that I have tried to contact the [redacted]'s about their issues and about the money they owe me I was told that they no longer wish to handle this and that they weren't done because they said I was done which is not the case I will be glad to get with them get with you or whatever we need to do to settle this as long as I know that I will be paid what's owed to me and I will correct any problems that I may be responsible for. Please let me know what steps need to be taken as I wish to put this behind me. I also wantbe stated that this happened four years ago and all of a sudden I am now being turned into the Revdex.com Final Consumer Response Mr. [redacted] has failed to remember some of the facts related to his delivery of our retirement home.1. The reason we didn't continue negotiations with Mr. [redacted] was he could not produce receipts for any of the cost overages that he claimed he incurred during the construction of the house. Simply providing a hand-written list of construction overages on a yellow legal pad was not adequate from a consumer standpoint.2. Mr. [redacted] asks why this is happening now after four years. It has actually been a little over 2 years since we last contacted Mr. [redacted]. However, that is of little consequence. In the middle of November of this year we noticed a raised part of the floor in the master bathroom. I went into the crawl-space below the master bath and found that the subfloor was moist and there was moisture on the vapor barrier under the bathroom. A plumber was called and reported that it was not a plumbing issue but a shower pan issue. I contacted a tile repair company who investigated our problem. Upon further investigation by the tile contractor, it was discovered that the shower had been built incorrectly. All indications are that the shower pan was leaking for several years. The subfloor in the master bath had rotted and black mold had spread for approximately 100 sq. ft. The floor joists were also contaminated with black mold. The repair of the shower, subfloor, and bathroom tile came to $8,058. This repair disrupted our lives in the middle of the Holiday Season.3. During the repair of the master bathroom, we noticed several significant cracks in the foundation walls. Further investigation has revealed out-of-square doors and large interior wall cracks. We have significant foundation damage, the cost of which will be significant (very expensive to repair). The structural engineer has not submitted his final report, but has indicated that there were several issues which should have been taken into consideration when constructing the house.If Mr. [redacted] will review the correspondence we have had with him in the past, he will be reminded that all of the issues listed in the complaint to the Revdex.com were issues he was aware of and/or we brought to his attention prior to his last contact with us. His final response on August 11, 2011 indicated the overages needed to be paid prior to correcting the issues listed in our correspondence to him. Again, without receipts for the overages there was little we could do. The shower (a new problem) and increased foundation issues have brought it to a point where we require a formal remedy.Final Business Response I am a very busy man and I do not have time to continue these pointless emails! I will be more than happy to meet with these folks and resolve any issue they have but I will not respond to any more complaints from the Revdex.com. Like I have stated previously this is the first and only complaint I have had with the Revdex.com !! I want this statement to be on my record if this complaint will continue to be listed!! I am very willing to meet with the customer at a mutual location to see if anything can be resolved as long as I can be assured that I will receive payment for the work that I am owed. I have done everything I was suppose to and only once a bill for extra and overages was turned in for payment More info received from the consumer 2014-01-16This case has not been resolved. Our structural engineer has informed us that $20,000 in foundation stabilization and repairs are required. The dispute will be resolved via other means.